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Divorce Questions & Answers
1 Answer | Asked in Divorce for North Carolina on
Q: I’m in NC and my husband served me with divorce papers but my name is spelled wrong on every document. Is this valid?

I don’t think he’s using legal counsel. I think he’s using the self help on the 3rd floor in Mecklenburg county court house. He emailed me a updated notary form with my name spelled correctly where I sign but the title page still has my name spelled wrong. Just want to know if this is legit.

Stephen Edward Robertson
Stephen Edward Robertson answered on Oct 18, 2021

If it's meant for you and you got it, you should answer it. A court would likely deem it a mere inadvertent mistake when considering whether or not service is effective under Rule 4.

1 Answer | Asked in Divorce for Florida on
Q: Can you have a wedding while still legally married to someone else? Just a wedding not signing any papers?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 17, 2021

No. Bigamy is a criminal act. The only papers you would sign would be an application for a marriage license, but signing that would probably also be a crime.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: My ex & his attorney claimed my evidence was useless, what can I do?

I filed a petition to change child custody (my ex has primary, I want 50/50 as circumstances have changed). I provided text message screenshots between the two of us that clearly backed up the claims I was making; however, he and his attorney filed a response that said all the screenshots were... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Oct 15, 2021

Don't worry about the lawyer says. First, anything you add to the petition isn't considered evidence. In court, you present the evidence to the judge. But send clear copies of your evidence to the attorney ahead of time. Let the judge decide if your evidence is usable or not. But you... Read more »

1 Answer | Asked in Divorce for California on
Q: Advice Needed: US citizen divorcing a UK citizen

I am a US Citizen who moved to Northern Ireland in November 2011 to marry a man I'd been in a long distance relationship with for three years. We married November 22, 2011 at a Council building in Larne, County Antrim. We lived together as a couple until July 19th, 2021 when we separated. I am... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 15, 2021

It looks like you posted this question from Massachusetts, but posted for attorneys in California. Assuming that you are in California, as long as you meet the residency requirements, you can file here. The residency requirement for filing for divorce in California are that you have lived in CA... Read more »

2 Answers | Asked in Bankruptcy and Divorce for Louisiana on
Q: what state SHOULD I SEARCH FOR a divorce and bankruptcy lawyer, if i have property in MISSOURI AND TEXAS?

I LIVE IN LOUISIANA, MY SOON TO BE EX WIFE LIVES TEXAS AND SOMETIMES IN MISSOURI. WE HAVE PROPERTY IN BOTH STATES . ALSO, I WAS NEEDING TO KNOW WHICH ISSUE NEEDS TO BE HANDLED FIRST ? I NEED TO FIND A LAWYER WHO HANDLLES BANKRUPTCY, COMMUNITY PROPERTY AND DIVORCE OVER MULTIPLE STATES. HOW... Read more »

Timothy Denison
Timothy Denison answered on Oct 15, 2021

Louisiana and you file first.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Louisiana on
Q: I am trying to get my divorce but can't afford to at the moment my wife is in prison n and I want custody

I believe my child is being mental state of mind depressed that she can't come here . My wife n I bn separated 3 yrs

Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 14, 2021

Call the Louisiana State Bar Association or the Bar Association in the parish you reside and ask if they have a list of attorneys who might be willing to provide you legal services at a reduced rate or pro bono.

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Can you ask for Alimony without being married. But have been living together in Colorado for 5 years and have two child?
Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

If you are common law married you can ask for spousal maintenance, however to be considered common law married, you would have to have held yourselves out at married to others.

1 Answer | Asked in Divorce for Texas on
Q: If the petitioner’s middle name is spelled wrong on the domestic citation is that citation void? In the case of divorce.

My sister has been served papers of divorce and her husband’s middle name is spelled wrong. She does not want the divorce. She is wanting to know if the citation is void if his name is spelled wrong.

Leroy Scott
Leroy Scott answered on Oct 13, 2021

If your sister's name was spelled correctly, the citation was probably fine.

1 Answer | Asked in Divorce for Florida on
Q: Can I still file for divorce in the state of Florida if mine and my wife's mail goes to an out of state address?

My wife and I are temporarily residing in Zirconia, NC. Our mail is sent here. However, our license plates, drivers licenses & so on are registered to the state of FL still. Are we still able to file for divorce in FL, or since we've temporarily relocated to North Carolina, do we have to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 13, 2021

Yes, at least one of you would probably be considered a Florida resident. Being "temporarily relocated to" another state doesn't mean you don't remain a Florida resident.

2 Answers | Asked in Divorce for Illinois on
Q: What does” she would pay child support in reserve “mean in this paragraph exactly

Yes I meet with him. He did indicate he would be willing to allow her to stay in the house until Ava graduates. He would pay the mortgage ( including taxes and insurance) shoe would pay utilities and child support reserved. He would exercise his parenting time at the house. Can talk Thursday... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 13, 2021

"Child support reserved" used in this way means that the question of child support will be decided at a later date, with neither party losing any rights because the decision was delayed.

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1 Answer | Asked in Divorce on
Q: The divorce decree states "Plaintiff will retain the parties' real property in her name as her sole and separate proper"

I did sign a quit claim for the property. But I believe that she should have already refinanced in her name. 2018. What motion do I file/

Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 13, 2021

Did you have a lawyer representing you in regards to your family/divorce matter? If so, please make contact and discuss this with your lawyer as he is most likely in the best position to answer these questions. If you did not have a lawyer represent you, then I recommend that you use... Read more »

3 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Georgia on
Q: My husband is keeping our son from me. He kicked me out. I'm worried. He is an addict and criminal with records of both.

My husband and I are looking to get divorced. I am being told that I am kicked out of the house I have been in with him for 8 years now and that he is not allowing me to take our son. My husband is a very bad person who has been in trouble with the law his entire life. He is an addict meth. He has... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 12, 2021

I am so sorry to hear about your struggle, and luckily the pathway has an easy first step. Rather than a Criminal Defense lawyer you need to make an appointment with a qualified Family Lawyer to start the separation/divorce process. There are tools in that process to specifically address the... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: Will FL accept copies of signed notarized div forms. Ex is in IL or org needed 2 file
Garrick Neal Fox
Garrick Neal Fox answered on Oct 11, 2021

It depends because some of the agency need documents must be original. Save yourself some troubles and get more certified.

2 Answers | Asked in Divorce, Family Law, Personal Injury and Sexual Harassment for Iowa on
Q: Adultery in the state of Iowa

What recourse does a husband have in Iowa if his wife is openly committing adultery and refuses to stop?? The only respite she is offering is a divorce for which the husband has to pay along with losing half of the assets. She is openly mocking him by saying that in Iowa, he is screwed by the... Read more »

Austin J Luse
Austin J Luse answered on Oct 11, 2021

Iowa is a "no-fault" state, meaning that adultery, etc., cannot be used against an opposing party in divorce proceedings. Additionally, Iowa is a "marital property" state, meaning that any assets, aside from specific exemptions (including inheritances kept in separate accounts),... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: How to get a divorce without knowing where the spouse is

I know he is in New York but he will not give me an address and has blocked access to all communication. We have been separated for over 14 years

Rand Scott Lieber
Rand Scott Lieber answered on Oct 11, 2021

You can file a divorce by publication. Check with the clerk's office to see if the offer free help. Otherwise look for a local family lawyer to guide you through the process.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: My husbands lawyer requested a discovery. Can I request discovery/interrogatories without a lawyer
David Allan King
David Allan King answered on Oct 10, 2021

Yes, you can send them interrogatories (questions), requests for admission, and requests for production without having a lawyer. Essentially, you are your own lawyer.

1 Answer | Asked in Divorce for North Carolina on
Q: I am wanting to find out my options if I wanted to leave my husband. I have not worked since I believe 2014. I am trying

To get disability. I am in NC. I am wanting to know if I could get spousal support or alimony since I'm not able to work to be able to live on my own if I left.

David Allan King
David Allan King answered on Oct 10, 2021

First, a judge must determine that you are substantially financially dependent on your spouse. If the judge feels you are, they look at 16 factors to determine the duration and amount of monthly alimony payments. You can find the statute related to alimony here:... Read more »

1 Answer | Asked in Divorce and Child Custody for North Carolina on
Q: Me and my husband are separated but we don’t have any legal papers or anything. What do I need to do for a court order?

We have 3 kids together. He wants to get them every other weekend and split holidays but he doesn’t have a license so I’m not sure what to do about him getting the kids.

David Allan King
David Allan King answered on Oct 10, 2021

You have two options to formalize your custody agreement. One is a custody agreement contract. The other is a consent order from the court. Every divorce, even if no disputes are litigated, is technically a lawsuit. You'd have to start the lawsuit first (read lots of formal legal paperwork),... Read more »

3 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: I need to know if I can sue my father for money he owed in a divorce with my mother.

My parents divorced in 2016, my father owes us half of the property value but he has never paid any of it. My mother has PTSD from the marriage and its really hard for her to work on finding a lawyer and everything because of her mental state. I'm 21, I need to know if theres anything I can... Read more »

Anna L Self
Anna L Self answered on Oct 8, 2021

If you were guardian of your mother you could pursue her action on her behalf. Also a Durable Power of Attorney drafted correctly would allow you to proceed on her behalf. You can't "take it into your own hands" as the cause of action belongs to your Mother. Good Luck!

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: My husband cheated on and we have a child. Just looking for advice on how to go about stuff

We have a mortgage, cars, a boat, joint bank account and an 11 month old child.

Laura E. Kenney
Laura E. Kenney answered on Oct 8, 2021

Good question and first let me say I am sorry for what you are going through. Florida is a no fault state when it comes to infidelity and the divorce process but infidelity can become relevant if the unfaithful spouse used marital funds to conduct the affair. Feel free to reach out for a... Read more »

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